ALBANY, N.Y. (Legal Newsline) — Colgate-Palmolive is facing a lawsuit that says it deceptively labels its EltaMD sunscreen as "mineral-based" when it contains chemical ingredients.
Amy Schneider and Erika Opgenorth on behalf of themselves and all others similarly situated, filed a complaint Dec. 2 in the U.S. District Court for the Northern District of New York against Colgate-Palmolive Company and CP Skin Health Group Inc., alleging violation of New York's General Business Law and California's Consumers Legal Remedies Act and other claims.
The plaintiffs claim that the defendants use false and deceptive advertising practices to market, distribute and sell EltaMD Transparent Zinc Oxide sunscreens. They allege the EltaMD label falsely leads consumers to believe that zinc oxide is the only "active UV sunscreen ingredient" in the product and that the product is "mineral-based."
The plaintiffs claim that the sunscreen contains chemical ingredients such as octinoxate, octisalate and octocrylene. They further claim consumers pay a higher price for the sunscreen believing it is "transparent zinc oxide" as stated on the label when it contains significant levels of other chemicals. They also claim the defendants "intentionally and recklessly" made misleading representations about the sunscreen and have violated New York's and California's consumer laws.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Robert Abiri of Custodio & Dubey LLP in Los Angeles and Benjamin Heikali of Treehouse Law LLP in Los Angeles.
U.S. District Court for the Northern District of New York case number 5:22-CV-1294